The problem of amending constitutions: between rigidity and flexibility and its impact on stability

Abstract

This research examines the topic of constitutional amendments and their impact on achieving a balance between constitutional rigidity and flexibility, and the resulting implications for political stability. It focuses on the Libyan case as a model that has witnessed rapid constitutional and political transformations since independence up to the post-2011 period. The research aims to clarify the nature of constitutions in terms of rigidity and flexibility, analyze the mechanisms for their amendment and the associated legal and political challenges, and study the Libyan constitutional experience in its various phases.

The research also discusses the extent to which the frequency of constitutional amendments and the instability of the rules governing power have affected political stability within the state, particularly during the transitional phases that Libya has undergone. The research employs a descriptive-analytical approach through the analysis of Libyan constitutional texts, alongside a historical approach to trace the development of the constitutional experience in Libya from the 1951 constitution to the 2011 Constitutional Declaration and subsequent amendments.

The research concluded that achieving a balance between the rigidity and flexibility of the constitution is a fundamental guarantee for achieving political stability, and that excessive amendment of constitutional texts or the absence of clear controls for amendment leads to the disruption of the constitutional system and the weakening of political legitimacy, which has become clearly evident in the contemporary Libyan experience.